Brendt L. Smith - Page 3

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          stipulation and advised that the parties should establish contact           
          for this purpose.                                                           
               In an effort to prepare this case for trial, respondent made           
          several attempts through letters and telephone calls to arrange             
          to meet with petitioner to prepare a stipulation of facts and               
          otherwise define the issues.  Petitioner spoke to respondent’s              
          counsel once before trial but did not exchange documents or                 
          endeavor to prepare a stipulation of facts.  On March 6, 2003,              
          petitioner requested a continuance by means of a letter sent to             
          the Clerk of the Court but at the address of the Federal Building           
          and Courthouse in Indianapolis, Indiana.  In the letter                     
          petitioner made reference to his trial date of April 7, 2003, and           
          advised:                                                                    
               At this time I am asking for a continuance due to a                    
               family medical problem (Pneumonia).  My mother has been                
               sick for awhile and family physician thought it would                  
               [sic] a good thing for her to visit relatives in                       
               Florida.  She has been their [sic] for about two months                
               and has been doing well.  I will be flying down to                     
               drive her home and will not be able to appear.                         
          On March 12, 2003, petitioner’s letter was returned to him by the           
          Clerk of the U.S. District Court for the Southern District of               
          Indiana, who indicated that petitioner had sent his                         
          correspondence to the wrong court.  On March 31, 2003, this Court           
          received a letter dated March 22, 2003, from petitioner in which            









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